Pending
before the court are the Petitioner's Motion To Vacate,
Set Aside, Or Correct Sentence In Accordance With 28 U.S.C.
§ 2255 (Docket No. 1); the Petitioner's Supplemental
Briefing (Docket No. 5); and the Government's Response
(Docket No. 8). For the reasons set forth herein, the Motion
To Vacate, Set Aside, Or Correct Sentence In Accordance With
28 U.S.C. § 2255 (Docket No. 1) is DENIED, and this
action is DISMISSED.

II.
Procedural Background

The
Petitioner pled guilty, before now-retired Judge Todd J.
Campbell, to a Superseding Information charging knowing
possession of a stolen firearm that had been transported in
interstate commerce, in violation of 18 U.S.C. §§
922(j) and 924. (Docket Nos. 73, 79, 80, 92 in Case No.
2:09cr00007). Through the Plea Agreement, the parties agreed
to a sentence of 120 months of imprisonment. (Docket No. 80,
at 6, in Case No. 2:09cr00007).[1] At the subsequent sentencing
hearing, on August 4, 2011, Judge Campbell imposed the agreed
120-month sentence. (Docket Nos. 87, 88, 89, 93 in Case No.
2:09cr00007). The record indicates that no appeal was taken.

III.
Analysis

A.
28 U.S.C. § 2255

The
Petitioner has brought this action pursuant to 28 U.S.C.
§ 2255. Section 2255 provides a statutory mechanism for
challenging the imposition of a federal sentence:

A prisoner in custody under sentence of a court established
by Act of Congress claiming the right to be released upon the
ground that the sentence was imposed in violation of the
Constitution or laws of the United States, or that the court
was without jurisdiction to impose such sentence, or that the
sentence was in excess of the maximum authorized by law, or
is otherwise subject to collateral attack, may move the court
which imposed the sentence to vacate, set aside or correct
the sentence.

28 U.S.C. § 2255(a). In order to obtain relief under
Section 2255, a petitioner “‘must demonstrate the
existence of an error of constitutional magnitude which had a
substantial and injurious effect or influence on the guilty
plea or the jury's verdict.'” Humphress v.
UnitedStates,398 F.3d 855, 858 (6th Cir.
2005)(quoting Griffin v. United States, 330 F.3d
733, 736 (6th Cir. 2003)).

If a
factual dispute arises in a § 2255 proceeding, the court
is to hold an evidentiary hearing to resolve the dispute.
Ray v. United States, 721 F.3d 758, 761 (6th Cir.
2013). An evidentiary hearing is not required, however, if
the record conclusively shows that the petitioner is not
entitled to relief. 28 U.S.C. § 2255(b); Ray,
721 F.3d at 761; Arredondo v. United States, 178
F.3d 778, 782 (6th Cir. 1999). A hearing is also
unnecessary “if the petitioner's allegations
‘cannot be accepted as true because they are
contradicted by the record, inherently incredible, or
conclusions rather than statements of fact.'”
Id.

Having
reviewed the pleadings, briefs, and records filed in the
Petitioner's underlying criminal case, as well as the
filings in this case, the court finds it unnecessary to hold
an evidentiary hearing because the records conclusively
establish that the Petitioner is not entitled to relief on
the issues raised.

B.
Johnson v. United States

&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The
Petitioner claims that his sentence should be vacated because
the Supreme Court&#39;s decision in Johnson v. United
States, U.S., 135 S.Ct. 2551, 192 L.Ed. 2D 569 (2015)
undermines the validity of Section 2K2.1 of the Sentencing
Guidelines, which was used to determine his offense level at
sentencing. In Johnson, the Supreme Court held that
the so-called “residual clause” of the Armed
Career Criminal Act (“ACCA”), 18 U.S.C. §
924(e), is unconstitutionally vague. The ACCA imposes a
15-year mandatory minimum sentence for defendants convicted
of certain firearms offenses who have three previous
convictions for a “violent felony” or a
...

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